See Note 4A and Annex L. 4.2 Subject to paragraph 4.3A, detainees may retain clothing and personal effects at their own risk unless the custody officer considers they may use them to cause harm to themselves or others, interfere with evidence, damage property, effect an escape or they are needed as evidence. 9.5A This applies even if the detainee makes no request for clinical attention and whether or not they have already received clinical attention elsewhere. An interviewer who has any doubts about whether and what arrangements for an interpreter must be made or about how the provisions of this section should be applied to a suspect who is not under arrest should seek advice from an officer of the rank of sergeant or above. An intimate search at a police station of a juvenile or vulnerable person may take place only in the presence of an appropriate adult of the same sex (see Annex L), unless the detainee specifically requests a particular appropriate adult of the opposite sex who is readily available. The interviewer shall then inform the suspect that the following matters will apply if they agree to the voluntary interview proceeding: (a) Their right to information about the offence(s) in question by providing sufficient information to enable them to understand the nature of any such offence(s) and why they are suspected of committing it. 12ZC The explanation and demonstration of live-link interpretation is intended to help the suspect, solicitor and appropriate adult make an informed decision and to allay any concerns they may have. When they have finished reading they shall be asked to write and sign or make their mark on the following certificate at the end of the statement: I have read the above statement, and I have been able to correct, alter or add anything I wish. 10G Nothing in this Code requires a caution to be given or repeated when informing a person not under arrest they may be prosecuted for an offence. The arrangements also apply, with appropriate modifications, to persons attending a police station or other location (see paragraph 3.22 and Notes 3I and 3J) voluntarily who are cautioned prior to being interviewed. (b) the grounds for giving the authorisation. For example, if they appear to live predominantly as a woman, they should be treated as being female except with regard to the requirements to provide that person with information concerning menstrual products and their personal needs relating to health, hygiene and welfare described in paragraph 3.20A (if aged under 18) and paragraphs 9.3A and 9.3B (if aged 18 or over). 3J For voluntary interviews conducted by non-police investigators, the provision of legal advice is set out by the Legal Aid Agency at paragraph 9.54 of the 2017 Standard Crime Contract Specification. (b) Authorisation to extend detention without charge beyond 24 hours given by a superintendent, see Code C paragraph 15.16(b). In the latter case, the detainee must be told the solicitor has come to the police station at another persons request, and must be asked to sign the custody record to signify whether they want to see the solicitor. Dont worry we wont send you spam or share your email address with anyone. (b) briefly setting out their other entitlements while in custody, by: the provisions relating to the conduct of interviews; the circumstances in which an appropriate adult should be available to assist the detainee and their statutory rights to make representations whenever the need for their detention is reviewed; (ii) listing the entitlements in this Code, concerning; reasonable standards of physical comfort; access to toilets and washing facilities, clothing, medical attention, and exercise when practicable; personal needs relating to health, hygiene and welfare concerning the provision of menstrual and any other health, hygiene and welfare products needed by the detainee in question and speaking about these in private to a member of the custody staff (see paragraphs 9.3A and 9.3B). (c) The authorising officer can decide at any stage to terminate the live link and attend the police station where the detainee is held to carry out the procedure in person. 15.3 Before deciding whether to authorise continued detention the officer responsible under paragraph 15.1 or 15.2 shall give an opportunity to make representations about the detention to: (a) the detainee, unless in the case of a review as in paragraph 15.1, the detainee is asleep; (b) the detainees solicitor if available at the time; and, (c) the appropriate adult if available at the time. 6.11 The removal of a solicitor from an interview is a serious step and, if it occurs, the officer of superintendent rank or above who took the decision will consider if the incident should be reported to the Solicitors Regulatory Authority. This will include situations where the appropriate adults approach or conduct prevents or unreasonably obstructs proper questions being put to the suspect or the suspects responses being recorded (see Note 11F). 3I An interviewer who is not sure, or has any doubt, about whether a place or location elsewhere than a police station is suitable for carrying out a voluntary interview, particularly in the case of a juvenile or vulnerable person, should consult an officer of the rank of sergeant or above for advice. The person writing the statement must take down the exact words spoken by the person making it and must not edit or paraphrase it. This is because after that caution: (i) you asked to speak to a solicitor but have not yet been allowed an opportunity to speak to a solicitor. You have rejected additional cookies. under the Road Traffic Act 1988, may amount to an offence or may make the person liable to a further arrest. Healthcare professionals should advise on the need for an appropriate adult to be present, whether reassessment of the persons fitness for interview may be necessary if the interview lasts beyond a specified time, and whether a further specialist opinion may be required. the grounds and reasons for detention (see paragraphs 13.10 and 13.10A). Paragraph 6.1 applies if legal advice is required. However, a court will not be able to draw any inferences under the Criminal Justice and Public Order Act 1994, section 34, if the person was not cautioned. The persons entitlement to a copy of the search record which is made as part of their custody record is in addition to, and does not affect, their entitlement to a copy of their custody record or any other provisions of section 2 (Custody records) of this Code. 11.14 Any refusal by a person to sign an interview record when asked in accordance with this Code must itself be recorded. An intimate search may only be carried out by a registered medical practitioner or registered nurse, unless an officer of at least inspector rank considers this is not practicable and the search is to take place under paragraph 2(a)(i), in which case a police officer may carry out the search. Subject to (ii) below, the person should be treated according to their preference except with regard to the requirements to provide that person with information concerning menstrual products and their personal needs relating to health, hygiene and welfare described in paragraph 3.20A (if aged under 18) and paragraphs 9.3A and 9.3B (if aged 18 or over). The person may only be prevented from leaving at will if their arrest on suspicion of committing the offence is necessary in accordance with Code G. See Code G Note 2G. This means that from now on, adverse inferences cannot be drawn at court and your defence will not be harmed just because you choose to say nothing. (c) for a review by telephone, giving the detainee information about the review. This sub-paragraph also applies (with modifications) for the purposes of sections 15 (Reviews and extensions of detention) and 16 (Charging detained persons). 1. www.gov.uk/government/publications/code-of-practice-mental-health-act-1983. Once a decision has been made about which gender an individual is to be treated as, each officer responsible for the search, procedure or requirement should where possible be advised before the search or procedure starts of any doubts as to the persons gender and the person informed that the doubts have been disclosed. in response to a decision to keep them in detention or extend the maximum period of detention. 6.3 A poster advertising the right to legal advice must be prominently displayed in the charging area of every police station. In such circumstances, the detainee should be informed that they are being released to enable the Director of Public Prosecutions to make a decision under section 37B. www.gov.uk/guidance/equality-act-2010-guidance. (ii) about any other matter concerning their detention and treatment whilst in custody. Provided the consent is fully informed and is not withdrawn, it may be obtained at any time before the live link is used. 6. Wed like to set additional cookies to understand how you use GOV.UK, remember your settings and improve government services. In the case of a juvenile or vulnerable person, the appropriate adult must be involved in accordance with paragraph. 15.1 The review officer is responsible under PACE, section 40 for periodically determining if a persons detention, before or after charge, continues to be necessary. Individual Prepared Meals Wholesale Suppliers & Distributors | Brakes A telephone call may be terminated if it is being abused. Brian kim, cpa clearvalue tax net worth. 17.2 A sample of urine or a non-intimate sample may be taken from a person in police detention for the purpose of ascertaining whether they have any specified Class A drug in their body only where they have been brought before the custody officer and: (a) either the arrest condition, see paragraph 17.3, or the charge condition, see paragraph. 10E It may be necessary to show to the court that nothing occurred during an interview break or between interviews which influenced the suspects recorded evidence. 6.15 C If a solicitor arrives at the station to see a particular person, that person must, unless Annex B applies, be so informed whether or not they are being interviewed and asked if they would like to see the solicitor. 6.9 The solicitor may only be required to leave the interview if their conduct is such that the interviewer is unable properly to put questions to the suspect. 11.6 The interview or further interview of a person about an offence with which that person has not been charged or for which they have not been informed they may be prosecuted, must cease when: (a) the officer in charge of the investigation is satisfied all the questions they consider relevant to obtaining accurate and reliable information about the offence have been put to the suspect, this includes allowing the suspect an opportunity to give an innocent explanation and asking questions to test if the explanation is accurate and reliable, e.g. See Note 8D. See Notes 15A and 15B. Add to list. I ate Slimming World Iceland frozen meals for a week - this is what See Note 11A. See paragraph 1(b). 2. See Note 7A. Special care should always be taken when questioning such a person, and the appropriate adult should be involved if there is any doubt about a persons age, mental state or capacity. 5.1 Subject to paragraph 5.7B, any person arrested and held in custody at a police station or other premises may, on request, have one person known to them or likely to take an interest in their welfare informed at public expense of their whereabouts as soon as practicable. F 30596. In the case of juveniles and vulnerable persons, the seeking and giving of consent must take place in the presence of the appropriate adult. Pace Taco Complete Discontinued If a detainee is deaf or a vulnerable person, particular care must be taken when deciding whether to use any form of approved restraints. The reasons for doing so should be noted in the custody record. Authority may be given if the officer is satisfied that for the purpose(s) in question at the time an interpreter is required, live-link interpretation is necessary and justified. E3 Because of the risks referred to in Note E2, which the presence of the appropriate adult is intended to minimise, officers of superintendent rank or above should exercise their discretion to authorise the commencement of an interview in the appropriate adults absence only in exceptional cases, if it is necessary to avert one or more of the specified risks in paragraph 11.1. Drinks should be provided at meal times and upon reasonable request between meals. Reminders of the right to legal advice must be given as in paragraphs 3.5, 11.2, 15.4, 16.4, 16.5, 2B of Annex A, 3 of Annex K and 5 of Annex M of this Code and Code D, paragraphs 3.17(ii) and 6.3. It offers a 9oz net weight single-serve portion. (iii) for the purpose of paragraph 15.11A;an arrangement by means of which the authorising officer who is not present at the police station where the detainee is held, is able to see and hear, and to be seen and heard by, the detainee concerned and the detainees solicitor, appropriate adult and interpreter (as applicable) (see Note 1N). However, it is important that the parent, guardian or representative of a local authority or voluntary organisation who is not present is fully informed before being asked to consent. 1.5 Anyone who appears to be under 18, shall, in the absence of clear evidence that they are older, be treated as a juvenile for the purposes of this Code and any other Code. L3 Transsexual means a person who is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of gender reassignment, which is a protected characteristic under the Equality Act 2010 (see paragraph 1.0), by changing physiological or other attributes of their sex.